{"id":5172,"date":"2026-08-31T17:54:03","date_gmt":"2026-08-31T23:54:03","guid":{"rendered":"https:\/\/www.sap.cr\/?p=5172"},"modified":"2026-08-31T20:36:07","modified_gmt":"2026-09-01T02:36:07","slug":"tipos-de-divorcio-costa-rica","status":"publish","type":"post","link":"https:\/\/www.sap.cr\/en\/tipos-de-divorcio-costa-rica\/","title":{"rendered":"Tipos de Divorcio"},"content":{"rendered":"
\n
\n
\n

Types of Divorce in Costa Rica in 2026<\/h1><\/div>\n\n\n\n

When a marriage comes to an end, the first question is usually emotional: \u201cHow do we get through this situation?\u201d The second should be strategic: \u201cWhich option best protects my children, my assets, and my future stability?\u201d In Costa Rica, there is not just one way to get divorced. The appropriate option depends on whether both spouses agree, whether there are minor children, whether there are assets to divide, and whether the conflict requires proving a specific legal ground for divorce.<\/p>\n\n\n\n

The legal framework changed recently. Law No. 10650, published on April 8, 2025, amended Article 48 of the Family Code and confirmed eight grounds for divorce, in addition to divorce by mutual consent. Therefore, an updated guide for 2026 should distinguish between legal grounds for divorce and the practical procedures available for filing and processing a divorce.<\/p>\n<\/div>\n\n\n\n

\n
\"Tipos<\/figure>\n<\/div>\n<\/div>\n\n\n\n
\n
\n

The Key Difference: Grounds for Divorce and How to File for Divorce<\/h2><\/div>

A ground for divorce is the legal basis that allows the marriage to be dissolved. The way the divorce is processed describes whether the process is consensual, administrative, or judicial, and whether there is a dispute between the parties. In practice, these situations can generally be grouped into three main routes:

1. Divorce by Mutual Consent<\/strong> Both spouses wish to divorce and agree on the essential terms and consequences.

2. Divorce Based on Irreconcilable Differences: <\/strong>One spouse may file for divorce even if the other spouse does not wish to proceed by mutual consent.

3) Divorce Based on a Specific Legal Ground:<\/strong> Specific facts are alleged and, when required, proven, such as adultery, cruelty, de facto separation, or another legally recognized ground for divorce. Article 48<\/a><\/strong>.

The real difficulty is rarely in declaring that the marriage has ended. It lies in organizing what comes next: custody, communication with the children, child support, the family home, debts, business interests, investments, and assets located inside or outside Costa Rica.<\/em><\/p><\/div><\/div>\n\n\n\n

1. Divorce by Mutual Consent<\/h2><\/div>\n<\/div>\n<\/div>\n\n\n\n

This is the appropriate route when both spouses not only wish to divorce, but are also able to reach a complete and legally sound agreement. It does not mean that there are no differences; rather, it means that those differences can be resolved through negotiation and documented in an agreement executed as a public deed.<\/p>\n\n\n\n

\u00bfWhat Should the Agreement Include?<\/h3><\/div>\n\n\n\n

Under the current Article 48, the agreement must address, as applicable:<\/p>\n\n\n\n